Hybrid Offence - Scotland

Scotland

In Scots law, all common law offences other than those within the exclusive jurisdiction of the High Court of Justiciary (i.e. murder, treason, rape and breach of duty by magistrates) can be tried either summarily in the District Courts of Scotland (including justice of the peace courts) or Sheriff Courts, or on indictment in the High Court of Justiciary or Sheriff Court. For statutory offences, the statute will provide whether the offence is triable summarily, on indictment, or both.

The choice of forum is a matter for the Lord Advocate and procurator fiscal, and is determined in a process known as marking.

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Famous quotes containing the word scotland:

    Four and twenty at her back
    And they were a’ clad out in green;
    Tho the King of Scotland had been there
    The warst o’ them might hae been his Queen.

    On we lap and awa we rade
    Till we cam to yon bonny ha’
    Whare the roof was o’ the beaten gold
    And the floor was o’ the cristal a’.
    —Unknown. The Wee Wee Man (l. 21–28)

    The state of monarchy is the supremest thing upon earth: for kings are not only God’s Lieutenants upon earth, and sit upon God’s throne, but even by God himself they are called gods.
    James I of England, James VI of Scotland (1566–1625)

    The “second sight” possessed by the Highlanders in Scotland is actually a foreknowledge of future events. I believe they possess this gift because they don’t wear trousers.
    —G.C. (Georg Christoph)